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- ,~ , iii iiiiiiiiniu iii UNPERMITTED CONSTRUCTION MATERIAL EYTRACTION OR EYPLORATION OPERATION Presentation Form ~~- ! ~ ~ ~ l - ~- ~ K~~, GENERAL INFORMATION Inspection Date: September 9, 1998 File No.: M-79-010 Operator: Avery Structures, Inc. Landowner: Avery Construction Co.; City of Buena Vista Commodity: Sand & Gravel County location: Chaffee Method of Mining: Surface Operation WAS THIS CASE THE RESULT OF A ROUTINE INSPECTION? YES OR COMPLAINT? NO A CEASE AND DESIST ORDER WAS NOT ISSUED TO THE OPERATOR BECAUSE: This is a disturbance outside a permitted operation. DMSION'S REASON FOR BRINGING THIS TO THE BOARD AS MINING WITHOUT A PERMIT VERSUS MINING OUTSIDE THE PERMIT BOUNDARY (DMG Policy -For any 110 type operation, if the operator affects greater than two acres, the operator shall be found for mining without a permit. For all other permitted operations, mining without a permit shall be determined on a case-by -case basis. Items to consider include the amount of disturbance, type of disturbance, ownership of the disturbed area, impact to the surrounding area due to the disturbance, degree of any health or safety hazard. NATURE OF UNPERMITTED (Construction Materials Exploration C.M.E. or Exploration Operation E.O.) (To be completed by the sraf~ Est. Acreage disturbed (Do not use for permitted sites) 266.000 cu K~ Est. Vol. Removed 13.9 acres Est. Ac. outside permit boundary SERIOUSNESS (To be completed by the sraf~ Operator conducted activity on own property X , on others property X Site activity, describe -Operator is excavating a pit west of the permit area that is approximately 30 feet deep, encompassing approximately 5.5 acres.The material is stockpiled in the east permit area (with a few stockpiles outside the east permit area) then processed for use in either a concrete batch plant or an asphalt hot plant. The excavated material is washed at the wash plant which uses wa[er from a nearby pond. Washed fines are pumped to a settling pond next [o the wash pond. Both ponds a[e outside the east permit boundary. The approximate disturbance outside the east permit boundary has been estimated at 8.4 acres. Total estmated disturbance outside the permit boundary is 13.9 acres.